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Is it illegal to smoke while driving in California?
I will be going to California for vacation soon and wanted to know if you can smoke cigarettes or marijuana in a car. Is it illegal to smoke while driving in California?
Tiffany Leung · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
You can legally smoke a cigarette while driving in
California
, but it is illegal to smoke marijuana while driving.- Cigarette smoking: Legal but has restrictions
Smoking a cigarette while you are driving isn’t illegal but it can be grounds to charge you for other violations, such as distracted driving. You can also get a littering ticket if you throw your cigarette butt out the window.
Note that it is illegal to smoke while the car is parked if a minor is also in the car, and you could face fines if you are caught breaking this law.
- Marijuana smoking: Illegal
Under the current state laws, it is illegal to drive under the influence of any drug, which includes marijuana.
If you're caught smoking marijuana and driving, the consequences could include:
- Up to six months of jail time
- A fine of up to $1,000
- Required DUI course completion
- A license suspension of at least four months
Repeat offenses carry more severe penalties, especially if the offense causes injury to others.
Our suggestion: To avoid any unnecessary tickets, it may be better to refrain from smoking anything while driving in California.
View full answer
- Gregory R.
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